Article 26 — Application of QFC Authority Regulations and Rules
26.1 Except as provided in Articles 8 and 9 of the QFC Law, the QFC Authority may, on the application of a Person in the QFC, or on its own initiative, by means of a written notice, provide that one or more provisions of these Regulations or other regulations made by the Minister pursuant to Article 9 of the QFC Law or the rules made pursuant to Article 12(1) of the QFC Authority Regulations either:
(a) shall apply to one or more Persons or class of Persons with such modifications as may be specified in the written notice; or
(b) shall not apply in relation to one or more Persons or class of Persons.
26.2 The QFC Authority shall consult with the Regulatory Authority in issuing any notice under this Article that may reasonably be expected to have a bearing on the duties, objectives and functions of the Regulatory Authority and may not issue a notice under this Article in respect of one or more
Authorised Firms unless the Regulatory Authority has consented in writing to the issue of the notice.
26.3 The QFC Authority must be satisfied, when giving a notice under this Article in relation to one or more Persons or class of Persons, that:
(i) the burden experienced by one or more Persons or class of Persons in complying with the relevant regulation or rule would significantly outweigh the benefits that the regulation or rule was intended to achieve; or
(ii) compliance with the regulation or rule would not achieve or further the purpose for which the relevant regulation or rule was made; and
(b) the notice would not result in undue risk to one or more Persons or class of Persons whose interests the regulation or rule is intended to protect.
26.4 A written notice under this Article may be given subject to conditions.
26.5 Where the QFC Authority is satisfied that it is in the interests of the QFC to do so, it may publish a written notice issued under this Article in such a way (including publication on its website) as it considers appropriate for bringing the notice to the attention of:
(a) those likely to be affected by it; and
(b) others who may be likely to become subject to a similar notice.
26.6 The QFC Authority may on application by one or more Persons or class of Persons to whom a notice applies, or on its own initiative:
(a) revoke a written notice; or
(b) vary a written notice.
26.7 With respect to the publication of a revocation or variation, this Article applies analogously.
26.8 The QFC Authority may issue rules, in particular with respect to the provision of a written notice and the procedures in relation thereto.
26.9 Any decision of the QFC Authority with respect to the granting or refusal of a waiver or modification of regulations or rules pursuant to this Article may be referred to the QFC Regulatory Tribunal by one or more Persons or class of Persons to whom the waiver or modification relates (or would relate if granted).
26.10 This Article does not apply to any regulations:
(a) made with the consent of the Council of Ministers; or
(b) in relation to which the Regulatory Authority has been conferred duties, functions and powers; or
(c) which expressly do not permit any such waiver.
|Amended (as from 19th October 2017).|